Gyanvapi Mosque Case | Supreme Court Agrees To List Plea For Consolidating All Suits On April 21, 2023

The Supreme Court on Tuesday agreed to list a plea seeking the consolidation of all suits filed in connection with the Gyanvapi Mosque dispute on 21st April 2023.

The matter was mentioned before a bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala by Advocate Vishnu Shankar Jain, who represents the plaintiffs in the firs suit. The issue pertains to claims of a 'Shiva Linga' spotted inside the Gyanvapi Mosque premises during a survey ordered by a Varanasi Court in to a suit filed by few Hindu devotees.

Advocate Jain informed the Supreme Court today that the Varanasi district judge had deferred its verdict on the consolidation of all suits in the matter for the fourth time.  

Background of Proceedings

When Varanasi Court was informed by the court-appointed Advocate Commissioner that a 'Shiva Linga' had been found inside the Gyanvapi Mosque premises during a survey, the Court ordered to seal the place/area concerned.

On May 17, 2022 the Top Court clarified that the order passed by the Civil Judge Senior Division at Varanasi to protect the spot where a "Shiva Ling" was claimed to have been found during the survey of the Gyanvapi mosque will not restrict the right of Muslims to access the mosque to offer namaz and to perform religious observances. The interim order was later extended until further orders.

On May 20, 2022 the Supreme Court transferred the suit to Varanasi District Court, observing that a senior and experienced judicial officer should deal with the matter considering the sensitivity of the issues involved. The Court directed that the District Court should hear the applications filed by the Masjid Committee under Order 7 Rule 11 CPC questioning the maintainability of the suit on priority.

The District Court rejected the Masjid Committee's objection to the maintainability of the suit and held that the same was not barred by the Places of Worship Act 1991. The Varanasi District Court then dismissed an application filed by the plaintiffs for carbon-dating and scientific investigation of the "shiv ling". Against this, the Allahabad High Court was approached through a revision plea. In the matter, the Allahabad High Court granted another chance to the Archaeological Survey Of India (ASI) to file its reply on the issue as to whether a safe evaluation of the age of the 'Shiva Linga' could be done. The High Court has now posted the matter for hearing on April 5, 2023.